Can a Pedestrian Injured Outside a Crosswalk Still File an Injury Claim?
Pedestrian accidents can cause devastating injuries, particularly when a person on foot is struck by a moving vehicle. When an accident occurs in a marked crosswalk, determining who had the right of way may be relatively straightforward. But what happens when a pedestrian is hit while crossing somewhere other than a crosswalk?
Being injured outside a crosswalk does not necessarily prevent a pedestrian from pursuing a personal injury claim. Liability generally depends on the circumstances surrounding the accident, including the actions of both the pedestrian and the driver.
Drivers Still Have a Duty to Avoid Pedestrians
Drivers have a responsibility to operate their vehicles with reasonable care. That obligation does not disappear simply because a pedestrian is outside a marked crosswalk.
For example, a driver may potentially be responsible for a pedestrian accident if the driver was speeding, distracted by a phone, impaired by alcohol or drugs, or otherwise driving negligently. A driver who sees a pedestrian in the roadway may also have an obligation to take reasonable steps to avoid a collision when there is enough time and distance to do so.
As a result, the location where the pedestrian crossed the street is only one factor in determining fault.
What If the Pedestrian Was Jaywalking?
Pedestrians are generally expected to follow traffic laws and exercise reasonable care for their own safety. Crossing outside a designated crosswalk in violation of applicable traffic laws could therefore affect an injury claim.
However, violating a pedestrian traffic law does not automatically mean the pedestrian is entirely responsible for the accident. A thorough investigation will likely consider all of the following factors in determining fault:
- Whether the driver was paying attention,
- How fast the vehicle was traveling,
- Lighting and weather conditions,
- Visibility,
- Traffic patterns, and
- Whether the driver had an opportunity to avoid the collision.
In some cases, both the pedestrian and driver may share responsibility.
Comparative Negligence and Pedestrian Accident Claims
Many states follow some form of comparative negligence, which allows fault for an accident to be divided between the people involved.
For example, suppose an investigation determines that a pedestrian was 30% responsible for an accident because they crossed outside a crosswalk, while the driver was 70% responsible because they were speeding and distracted. Depending on the law in that state, the pedestrian may still be able to recover compensation, although the recovery could be reduced based on the pedestrian’s percentage of fault.
This is why pedestrians should not automatically assume they have no claim simply because they were not inside a crosswalk.
Evidence Can Be Critical to Determining Fault
Pedestrian accident claims often require a detailed investigation. Important evidence may include:
- Police reports,
- Witness statements,
- Surveillance or traffic-camera footage,
- Photographs of the accident scene,
- Vehicle damage,
- Cell phone records, and
- Electronic vehicle data.
An attorney may also investigate the roadway itself, including lighting, traffic signals, sight lines, speed limits, and the location of nearby crosswalks.
Talk to a Pedestrian Accident Attorney About Your Rights
If you were struck by a vehicle while crossing outside a crosswalk, do not assume that you are automatically responsible for the accident. You may still have a claim for medical expenses, lost wages, pain and suffering, and other damages.
A personal injury attorney can investigate how the accident occurred, evaluate the conduct of both the pedestrian and driver, and determine whether compensation may be available. Speaking with an attorney early can also help preserve important evidence before it disappears.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.